Prosecutors are contesting a motion from Tyler Robinson, accused of assassinating Charlie Kirk, which aims to disqualify the prosecution team. They assert there is no conflict of interest. In a detailed 33-page document, filed earlier this month but recently made partially public, they argue that the deputy prosecutor involved had no personal conflict during Kirk’s assassination at a Turning Point USA event held at Utah Valley University on September 10, 2025, even with an 18-year-old present in the audience.
The prosecutors clarified that the teenager was among “thousands of other witnesses” who lacked direct knowledge of the crime, not witnessing the shooting or the gun itself. The document included text exchanges between the prosecutors and the minor shortly after the incident, which the prosecution claims highlight the absence of firsthand experience.
The minor first messaged, “Someone got shot,” followed by reassuring text to family members that “It’s okay, everyone’s going inside.” Only after relaying information from others did he note that Kirk had been shot, sharing what “people were saying” about the incidents surrounding the shooting.
Prosecutors argue that these communications illustrate confusion and reliance on second-hand information rather than any significant emotional distress or direct involvement that could skew the prosecution’s decisions.
The filing also indicated that the minor, positioned approximately 85 feet away, was unable to see the gunman due to a building obstructing his view. He heard a loud “pop” and fled the scene.
In an affidavit, the minor admitted feeling scared at the time but noted there was no lasting trauma, no need for counseling, and that he quickly resumed normal school and work life.
Robinson’s motion criticized the prosecutor’s quick move to seek the death penalty coinciding with the indictment, claiming it suggests bias and a rushed decision-making process. The prosecution countered, stating that their decision was based strictly on the strength of the evidence, Utah law, and a desire to mitigate speculation and misinformation surrounding a case that garnered substantial attention.
While Kirk, who founded Turning Point USA, was addressing questions in front of roughly 3,000 attendees, he was fatally shot. Robinson faces charges of aggravated murder, which could lead to the death penalty if he is found guilty.
Defense attorneys maintain that, despite the undeniable trauma from the shooting, it highlights the necessity for the prosecution’s neutrality. They expressed concerns that the involvement of the prosecutor’s family could cloud judgment, resulting in decisions driven by emotion rather than factual evidence.
A judge is expected to hear arguments regarding the motion on January 16. Should the court approve Robinson’s request, it could lead to the entire Utah County Attorney’s Office being removed from the case, necessitating the appointment of a special prosecutor and potentially prolonging the trial process, including the efforts to pursue the death penalty.
